Is there enough time for me to have a chapter 13 filed within the next two weeks and receive the stay to avoid foreclosure?

Question

I have a sale date on my home of 22 January 2013.

Daniel James Wilson · Answer

Yes, but see an attorney immediately. I have filed several emergency Ch 13s, but it is nice to have a few days.

Kenneth Parker · Answer

Yes, you have time to file but do not wait until the last minute to contact an attorney.

Willie Stephen Graves · Answer

Yes, there is enough time.

Michael Jay Berger · Answer

Yes.

Marc Stern · Answer

Yes, but you need to move quickly.

Kenneth Love · Answer

Yes, you have time to stop the sale.

Roger Bus · Answer

Yes, most bankruptcy attorneys can file a case very quickly. You would need   to file the Chapter 13 BEFORE the Sheriff's sale date.

Diane Drain · Answer

Yes, but you need to move immediately. Please understand that filing for a chapter 13 bankruptcy is a very complicated process. It is wise to talk to an experienced chapter 13 bankruptcy attorney before deciding to take this important step.

Dorothy Bunce · Answer

Yes, but begin by getting your pre-bankruptcy credit counseling out of the way. I have already received emails from several providers stating that they will be closing or operating shorter hours through the New Year.

Richard Jacobson · Answer

The answer is that there is enough time, but you need to get cracking. You will need to find a lawyer, meet with him or her, gather quite a lot of information and do an on-line credit counseling briefing. Then after the lawyer prepares the papers which go to court, of which there are quite a few, you need to review them with care to be sure they are as accurate as you can make them, and as complete as you can make them. Then you sign in seven or eight places, and also sign a Plan which your lawyer will draft and which you must approve. The the case can be filed. Please keep in mind that the sheriff's sale date is not necessarily the end of your rights in the real estate. Sometime after the sheriff sale, there must be a hearing on Confirmation of Sale.  Of course, most sales are confirmed. But your rights only end with the confirmation. December is a rather slow time for lawyers in Wisconsin. I know that my office has some free time available this month, and no doubt other lawyers also have some time. So you should be able to make an appointment very soon.

Deborah F. Bowinski · Answer

Sure. You will have to gather together all your information and take the required credit counseling class. I also recommend that you retain an attorney to file the case for you. Most attorneys will require some sort of retainer and the filing fee of $306 to be paid in advance, with much of their fee paid through your chapter 13 plan. The case must be filed before your foreclosure sale date.

Theodore Araujo · Answer

Yes, if you have not filed before.

Alan Ramos · Answer

Attorneys differ on how they approach a filing. I would like four weeks to gather the information (there is a lot of information required in a filing); however, I will do it in as little as two weeks if I have a commitment from the client to gather the information in a timely fashion (and I have a belief that they will do it). Some attorneys, particularly those with a larger support staff, will file a petition in a few days, and some will file what is called a "skeletal petition" (a petition with the minimum amount of information. I will not file skeletal petitions, as there is only a short period of time (14 days) in which to file the necessary information. In my experience, these "emergency" petitions are problematic. As long as your petition is filed prior to the foreclosure sale, the Automatic Stay (an injunction entered automatically at the moment of filing) will prevent or void any foreclosure sale. However, as I stated above, I recommend that you don't wait until the last minute to file. By taking the time you have, you will be able to make an informed decision about your filing and do it properly.

John Moffa · Answer

Absolutely. Filing the initial paperwork takes an hour or two after you take the required Credit Counseling course online.

Deborah Stencel · Answer

Sure, you will need to gather income information, recent tax returns, information about all your bills. In addition to that, you will need to take a credit counseling case (in most cases) and pay all the required fees. In most cases this could be accomplished in time to prepare and file a Chapter 13 before 1/13. Finally, you will need enough income to propose a feasible plan to repay the mortgage arrears over the next five years (in addition to any other bills which would need to be paid in your situation). Speak to an attorney asap so you know exactly what is required.

William H. Von Willer · Answer

In most instances it could be done.

Robert De Groot · Answer

There probably is enough time to file a bankruptcy for you, but you must act quickly and retain an attorney for this. Your financial circumstances must be reviewed and there is a heck of a lot of work to be done in preparing all of the documents that need to be filed. You can file the petition and then you have 15 days to file the rest of the required papers.

Stuart Nachbar · Answer

In NJ: We are able to file a bare bones petition which names a single creditor, but you must have your credit counseling done. There are many online course courses, but they have to be approved. Contact a Bankruptcy attorney in your area and talk to them. You will also have to a fees for counsel and costs for the Court. After the bare bones is filed, you will have about ten days to get the rest of the schedules into the Court and that will include an appraisal to your counsel for the property as it has to be properly disclosed.

Edward C. Hay · Answer

There is plenty of time to file bankruptcy before the sale. The bankruptcy filing will stop the foreclosure.

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Is there enough time for me to have a chapter 13 filed within the next two weeks and receive the stay to avoid foreclosure?

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